it just says that if they do the federal government won't recognize them. the prop 8 case potentially raises a much more fundamental issue whether a state can deny same-sex marriage. the court could decide it on much more narrow grounds. >> pete, neither case could find a path to legalize gay marriage on a federal level? >> reporter: you know, that's not clear. if they take the proposition 8 case from california, when the trial judge decided the case, he said as a matter of the federal constitution, a state cannot deny same sex couples the rate to get married. now when the appeals court ruled, it did so on a much more narrow only grounds. there is always the possibility they could get to the bedrock issue. >> there is a way. >> reporter: right, there is a path. >> pete williams at the supreme court, thank you, pete. >> reporter: you bet. >>> our gaggle will be here next to kick off the week. but first the white house soup of the day. kind of a low key day, tomato basil. nothing too spicy. the slow start it to the fiscal talks here in the first full week of